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Patna High Court

Rahul Kumar @ Ashwani Kumar @ Rahul Prasad @ Rahul Prasad VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and sureties.

Summary

The petitioner, Rahul Kumar, proprietor of a clinic, was arrested in connection with the death of the informant's sister, alleged to have resulted from negligence and inappropriate treatment. He was charged under Sections 406, 420, 304 and 34 of the Indian Penal Code. The petitioner contended that he had no direct involvement in the medical procedure, which was performed by the clinic's doctor, and that his inclusion as an accused was solely due to his ownership of the clinic. The State opposed his bail application, citing the seriousness of the offences. Considering the facts, the period of custody since 6 December 2025, and the lack of personal involvement, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner, as proprietor of the clinic, is entitled to bail despite being charged with Sections 406, 420, 304 and 34 IPC.
  • Whether the petitioner’s alleged lack of direct involvement in the medical negligence warrants bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 406
  • Section 420
  • Section 304
  • Section 34
  • medical negligence
  • proprietor liability
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7992 of 2026
                   Arising Out of PS. Case No.-758 Year-2019 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Rahul Kumar @ Ashwani Kumar @ Rahul Prasad @ Rahul Prasad Verma
                 Son of Krishnandan Prasad R/o Ghuskuri, P.S.- Aryari, Dist.- Sheikhpura,
                 Bihar, India presently residing at Village Lali Pahari Chauk, P.S.- Kabaiya,
                 Dist.- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilesh Kumar , Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State .

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 406, 420, 304 and 34 of IPC .

                                3 . As per F.I.R. petitioner is proprietor of the clinic

                   wherein due to negligence and inappropriate treatment, sister of

                   the informant died.

                                4. Learned counsel for the petitioner submits that

                   petitioner has made accused in this case only because he appens

                   to be proprietor of the clinic in question . As per F.I.R. it was

                   doctor of the clinic who conducted operation and this petitioner

                   has played no role in the treatment of deceased. Petitioner is in

                   custody since 06.12.2025 .
            Patna High Court CR. MISC. No.7992 of 2026(2) dt.16-02-2026
                                                        2/2




                                   5. Learned A.P.P. for the State opposes the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      as well as period of custody , let the above named petitioner be

                      released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned District and Additional session Judge III ,

                      Lakhisarai in connection with Lakhisarai P.S. Case No. 758 of

                      2019.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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